Division V - ACSA Act, Section 135, Promoting Aviation Regulations For Technical Training

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DIVISION V—AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
TITLE
I—AIRCRAFT
CERTIFICATION, SAFETY, AND ACCOUNTABILITY

7

SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

1
2
3
4
5

8

(a) SHORT TITLE.—This title may be cited as the

9 ‘‘Aircraft Certification, Safety, and Accountability Act’’.
10

(b) TABLE

OF

CONTENTS.—The table of contents for

11 this title is as follows:
TITLE I—AIRCRAFT CERTIFICATION, SAFETY, AND
ACCOUNTABILITY
Sec. 101. Short title; table of contents.
Sec. 102. Safety management systems.
Sec. 103. Expert review of organization designation authorizations for transport airplanes.
Sec. 104. Certification oversight staff.
Sec. 105. Disclosure of safety critical information.
Sec. 106. Limitation on delegation.
Sec. 107. Oversight of organization designation authorization unit members.
Sec. 108. Integrated project teams.
Sec. 109. Oversight integrity briefing.
Sec. 110. Appeals of certification decisions.
Sec. 111. Employment restrictions.
Sec. 112. Professional development, skills enhancement, continuing education
and training.
Sec. 113. Voluntary safety reporting program.
Sec. 114. Compensation limitation.
Sec. 115. System safety assessments and other requirements.
Sec. 116. Flight crew alerting.
Sec. 117. Changed product rule.
Sec. 118. Whistleblower protections.
Sec. 119. Domestic and international pilot training.
Sec. 120. Nonconformity with approved type design.
Sec. 121. Implementation of recommendations.
Sec. 122. Oversight of FAA compliance program.
Sec. 123. Settlement agreement.
Sec. 124. Human factors education program.
Sec. 125. Best practices for organization designation authorizations.
Sec. 126. Human factors research.

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Sec. 127. FAA Center of Excellence for automated systems and human factors
in aircraft.
Sec. 128. Pilot operational evaluations.
Sec. 129. Ensuring appropriate responsibility of aircraft certification and flight
standards performance objectives and metrics.
Sec. 130. Transport airplane risk assessment methodology.
Sec. 131. National air grant fellowship program.
Sec. 132. Emerging safety trends in aviation.
Sec. 133. FAA accountability enhancement.
Sec. 134. Authorization of appropriations for the advanced materials center of
excellence.
Sec. 135. Promoting Aviation Regulations for Technical Training.
Sec. 136. Independent study on type certification reform.
Sec. 137. Definitions.

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SEC. 102. SAFETY MANAGEMENT SYSTEMS.

2
3

(a) RULEMAKING PROCEEDING.—
(1) IN

GENERAL.—Not

later than 30 days after

4

the date of enactment of this title, the Administrator

5

shall initiate a rulemaking proceeding to require that

6

manufacturers that hold both a type certificate and

7

a production certificate issued pursuant to section

8

44704 of title 49, United States Code, where the

9

United States is the State of Design and State of

10

Manufacture, have in place a safety management

11

system that is consistent with the standards and rec-

12

ommended practices established by ICAO and con-

13

tained in annex 19 to the Convention on Inter-

14

national Civil Aviation (61 Stat. 1180), for such sys-

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tems.

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(2) CONTENTS

OF REGULATIONS.—The

regula-

17

tions issued under paragraph (1) shall, at a min-

18

imum—

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SEC. 134. AUTHORIZATION OF APPROPRIATIONS FOR THE

2

ADVANCED MATERIALS CENTER OF EXCEL-

3

LENCE.

4

Section 44518 of title 49, United States Code, is

5 amended by adding at the end the following:
6

‘‘(c) AUTHORIZATION

OF

APPROPRIATIONS.—Out of

7 amounts appropriated under section 48102(a), the Admin8 istrator may expend not more than $10,000,000 for each
9 of fiscal years 2021 through 2023 to carry out this sec10 tion. Amounts appropriated under the preceding sentence
11 for each fiscal year shall remain available until ex12 pended.’’.
13

SEC. 135. PROMOTING AVIATION REGULATIONS FOR TECH-

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15
16

NICAL TRAINING.

(a) NEW REGULATIONS REQUIRED.—
(1) INTERIM

FINAL REGULATIONS.—Not

later

17

than 90 days after the date of enactment of this sec-

18

tion, the Administrator shall issue interim final reg-

19

ulations to establish requirements for issuing avia-

20

tion maintenance technician school certificates and

21

associated ratings and the general operating rules

22

for the holders of those certificates and ratings in

23

accordance with the requirements of this section.

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(2) REPEAL

OF

CURRENT

REGULATIONS.—

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Upon the effective date of the interim final regula-

26

tions required under paragraph (1), part 147 of title

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14, Code of Federal Regulations (as in effect on the

2

date of enactment of this title) and any regulations

3

issued under section 624 of the FAA Reauthoriza-

4

tion Act of 2018 (Public Law 115–254) shall have

5

no force or effect on or after the effective date of

6

such interim final regulations.

7

(b) AVIATION MAINTENANCE TECHNICIAN SCHOOL

8 CERTIFICATION REQUIRED.—No person may operate an
9 aviation maintenance technician school without, or in vio10 lation of, an aviation maintenance technician school cer11 tificate and the operations specifications issued under the
12 interim final regulations required under subsection (a)(1),
13 the requirements of this section, or in a manner that is
14 inconsistent with information in the school’s operations
15 specifications under subsection (c)(5).
16

(c) CERTIFICATE

AND

OPERATIONS SPECIFICATIONS

17 REQUIREMENTS.—
18

(1) APPLICATION

19

(A) IN

REQUIREMENTS.—

GENERAL.—An

application for a

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certificate or rating to operate an aviation

21

maintenance technician school shall include the

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following:

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(i) A description of the facilities, in-

24

cluding the physical address of the certifi-

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cate holder’s primary location for operation

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of the school, any additional fixed locations

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where training will be provided, and the

3

equipment and materials to be used at

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each location.

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(ii) A description of the manner in

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which the school’s curriculum will ensure

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the student has the knowledge and skills

8

necessary for attaining a mechanic certifi-

9

cate and associated ratings under subpart

10

D of part 65 of title 14, Code of Federal

11

Regulations (or any successor regulation).

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(iii) A description of the manner in

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which the school will ensure it provides the

14

necessary qualified instructors to meet the

15

requirements of subsection (d)(4).

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(B) DOCUMENTED

IN THE SCHOOL’S OP-

17

ERATIONS SPECIFICATIONS.—Upon

18

the school’s certificate or rating, the informa-

19

tion required under subparagraph (A) shall be

20

documented in the school’s operations specifica-

21

tions.

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(2) CHANGE

23

(A) IN

issuance of

APPLICATIONS.—
GENERAL.—An

application for an

24

additional rating or amended certificate shall

25

include only the information necessary to sub-

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stantiate the reason for the requested additional

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rating or change.

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(B) APPROVED

CHANGES.—Any

approved

4

changes shall be documented in the school’s op-

5

erations specifications.

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(3) DURATION.—An aviation maintenance tech-

7

nician school certificate or rating issued under the

8

interim final regulations required under subsection

9

(a)(1) shall be effective from the date of issue until

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the certificate or rating is surrendered, suspended,

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or revoked.

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(4) CERTIFICATE

RATINGS.—An

aviation main-

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tenance technician school certificate issued under the

14

interim final regulations required under subsection

15

(a)(1) shall specify which of the following ratings are

16

held by the aviation maintenance technician school:

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(A) Airframe.

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(B) Powerplant.

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(C) Airframe and Powerplant.

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(5) OPERATIONS

SPECIFICATIONS.—A

certifi-

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cated aviation maintenance technician school shall

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operate in accordance with operations specifications

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that include the following:

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(A) The certificate holder’s name.

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(B) The certificate holder’s air agency certificate number.

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(C) The name and contact information of

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the certificate holder’s primary point of contact.

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(D) The physical address of the certificate

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holder’s primary location, as provided under

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paragraph (1)(A).

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(E) The physical address of any additional

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location of the certificate holder, as provided

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under subsection (d)(2).

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(F) The ratings held, as provided under
paragraph (4).

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(G) Any regulatory exemption granted to
the school by the Administrator.
(d) OPERATIONS REQUIREMENTS.—
(1) FACILITIES,

EQUIPMENT, AND MATERIAL

17

REQUIREMENTS.—Each

18

nance technician school shall provide and maintain

19

the facilities, equipment, and materials that are ap-

20

propriate to the 1 or more ratings held by the school

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and the number of students taught.

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(2) TRAINING

certificated aviation mainte-

PROVIDED AT ANOTHER LOCA-

23

TION.—A

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cian school may provide training at any additional

25

location that meets the requirements of the interim

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certificated aviation maintenance techni-

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final regulations required under subsection (a)(1)

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and is listed in the certificate holder’s operations

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specifications.

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(3) TRAINING

REQUIREMENTS.—Each

certifi-

5

cated aviation maintenance technician school shall—

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(A) establish, maintain, and utilize a cur-

7

riculum designed to continually align with me-

8

chanic airman certification standards as appro-

9

priate for the ratings held;

10

(B) provide training of a quality that

11

meets the requirements of subsection (f)(1);

12

and

13

(C) ensure students have the knowledge

14

and skills necessary to be eligible to test for a

15

mechanic certificate and associated ratings

16

under subpart D of part 65 of title 14, Code of

17

Federal Regulations (or any successor regula-

18

tion).

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(4) INSTRUCTOR

REQUIREMENTS.—Each

cer-

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tificated aviation maintenance technician school

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shall—

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(A) provide qualified instructors to teach

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in a manner that ensures positive educational

24

outcomes are achieved;

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(B) ensure instructors hold a mechanic

2

certificate with 1 or more appropriate ratings

3

(or, with respect to instructors who are not cer-

4

tified mechanics, ensure instructors are other-

5

wise specifically qualified to teach their as-

6

signed content); and

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(C) ensure the student-to-instructor ratio

8

does not exceed 25:1 for any shop class.

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(5) CERTIFICATE

OF COMPLETION.—Each

cer-

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tificated aviation maintenance technician school shall

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provide authenticated documentation to each grad-

12

uating student, indicating the student’s date of

13

graduation and curriculum completed, as described

14

in paragraph (3)(A).

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(e) QUALITY CONTROL SYSTEM.—

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17

(1) ACCREDITATION.—Each aviation maintenance technician school shall—

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(A) be accredited as meeting the definition

19

of an institution of higher education provided

20

for in section 101 of the Higher Education Act

21

of 1965 (20 U.S.C. 1001); or

22

(B) establish and maintain a quality con-

23

trol system that meets the requirements speci-

24

fied in paragraph (2) and is approved by the

25

Administrator.

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(2) FAA-APPROVED

SYSTEM REQUIREMENTS.—

2

In the case of an aviation maintenance technician

3

school that is not accredited as set forth in para-

4

graph (1), the Administrator shall approve a quality

5

control system that provides procedures for record-

6

keeping, assessment, issuing credit, issuing of final

7

course grades, attendance, ensuring sufficient num-

8

ber of instructors, granting of graduation docu-

9

mentation, and corrective action for addressing defi-

10

ciencies.

11

(f) ADDITIONAL REQUIREMENTS.—

12

(1) MINIMUM

PASSAGE RATE.—A

certificated

13

aviation maintenance technician school shall main-

14

tain a pass rate of at least 70 percent of students

15

who took a written, oral, or practical (or any com-

16

bination thereof) FAA mechanic tests within 60 days

17

of graduation for the most recent 3-year period .

18

(2) FAA

INSPECTION.—A

certificated aviation

19

maintenance technician school shall allow the Ad-

20

ministrator such access as the Administrator deter-

21

mines necessary to inspect the 1 or more locations

22

of the school for purposes of determining the

23

school’s compliance with the interim final regula-

24

tions required under subsection (a)(1), the proce-

25

dures and information outlined in the school’s oper-

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ations specifications according to subsection (c)(5),

2

and the aviation maintenance technician school cer-

3

tificate issued for the school.

4

(3) DISPLAY

OF CERTIFICATE.—A

certificated

5

aviation maintenance technician school shall display

6

its aviation maintenance technician school certificate

7

at a location in the school that is visible by and nor-

8

mally accessible to the public.

9

(4) EARLY

TESTING.—A

certificated aviation

10

maintenance technician school may issue authenti-

11

cated documentation demonstrating a student’s sat-

12

isfactory progress, completion of corresponding por-

13

tions of the curriculum, and preparedness to take

14

the aviation mechanic written general knowledge

15

test, even if the student has not met the experience

16

requirements of section 65.77 of title 14, Code of

17

Federal Regulations (or any successor regulation).

18

Any such documentation shall specify the curriculum

19

the student completed and the completion date.

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SEC. 136. INDEPENDENT STUDY ON TYPE CERTIFICATION

21
22

REFORM.

(a) REPORT

AND

DEADLINES.—Not later than 30

23 days after the date of enactment of this title, the Adminis24 trator shall enter into an agreement with an appropriate
25 Federally-funded research and development center to re-

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1 and the FAA rationale for not taking action on any spe2 cific recommendation
3

SEC. 137. DEFINITIONS.

4

In this title:

5

(1) ADMINISTRATION;

FAA.—The

terms ‘‘Ad-

6

ministration’’ and ‘‘FAA’’ mean the Federal Avia-

7

tion Administration.

8
9
10

(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the FAA.
(3) CONGRESSIONAL

COMMITTEES OF JURISDIC-

11

TION.—The

12

diction’’ means the Committee on Transportation

13

and Infrastructure of the House of Representatives

14

and the Committee on Commerce, Science, and

15

Transportation of the Senate.

16
17
18

term ‘‘congressional committees of juris-

(4) ICAO.—The term ‘‘ICAO’’ means the
International Civil Aviation Organization.
(5) ORGANIZATION

DESIGNATION AUTHORIZA-

19

TION.—The

20

ization’’ has the same meaning given such term in

21

section 44736(c) of title 49, United States Code.

22

term ‘‘organization designation author-

(6) TRANSPORT

AIRPLANE.—The

term ‘‘trans-

23

port airplane’’ means a transport category airplane

24

designed for operation by an air carrier or foreign

25

air carrier type-certificated with a passenger seating

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capacity of 30 or more or an all-cargo or combi de-

2

rivative of such an airplane.

3
4

(7) TYPE

CERTIFICATE.—The

term ‘‘type cer-

tificate’’—

5

(A) means a type certificate issued pursu-

6

ant to section 44704(a) of title 49, United

7

States Code, or an amendment to such certifi-

8

cate; and

9

(B) does not include a supplemental type

10

certificate issued under section 44704(b) of

11

such section.

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